South Carolina General Assembly
120th Session, 2013-2014

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 841

STATUS INFORMATION

General Bill
Sponsors: Senator Cleary
Document Path: l:\s-jud\bills\cleary\jud0077.rem.docx
Companion/Similar bill(s): 4665

Introduced in the Senate on January 14, 2014
Introduced in the House on March 25, 2014
Last Amended on March 20, 2014
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs

Summary: Childcare facilities

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2013  Senate  Prefiled
   3/25/2014  House   Introduced and read first time
  12/10/2013  Senate  Referred to Committee on Judiciary
   1/14/2014  Senate  Introduced and read first time (Senate Journal-page 42)
   1/14/2014  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 42)
   3/12/2014  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 8)
   3/18/2014  Senate  Committee Amendment Adopted (Senate Journal-page 15)
   3/18/2014  Senate  Read second time (Senate Journal-page 15)
   3/18/2014  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 15)
   3/20/2014  Senate  Amended (Senate Journal-page 22)
   3/20/2014  Senate  Read third time and sent to House 
                        (Senate Journal-page 22)
   3/25/2014  House   Introduced and read first time (House Journal-page 17)
   3/25/2014  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs (House Journal-page 17)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/10/2013
3/12/2014
3/18/2014
3/20/2014

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AS PASSED BY THE SENATE

March 20, 2014

S. 841

Introduced by Senator Cleary

S. Printed 3/20/14--S.

Read the first time January 14, 2014.

            

A BILL

TO AMEND ARTICLE 1, CHAPTER 13, TITLE 63, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE REGULATION OF CHILDCARE FACILITIES, BY ADDING SECTION 63-13-185, SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, AND TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, AND TO PROVIDE PENALTIES.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:

"Section 63-13-185.    (A)    For purposes of this section, 'medication' means a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.

(B)    It shall be unlawful for a director, owner, operator, caregiver, employee, or volunteer of a childcare facility to administer medication to a child under the care of the facility unless:

(1)    the parent or guardian of the child has submitted to the childcare facility prior to the administration of the medication a signed and dated parental consent form that authorizes the facility to administer the medication to the child, and the authorization is for not longer than one year;

(2)    the medication is administered as stated on the label directions, or as amended in writing by the child's healthcare provider; and

(3)    the medication is not expired.

(C)    Notwithstanding subsection (B) a director, owner, operator, caretaker, employee, or volunteer of a childcare facility may administer medication to a child without a signed authorization if the parent or guardian:

(1)    submits to the facility an authorization in an electronic format that is capable of being viewed and saved; or

(2)    authorizes the childcare facility by telephone to administer a single dose of a medication.

(D)    This section does not apply to a person who administers a medication as prescribed, directed, or intended, to a child, when that person has a good faith belief the child is suffering from a medical emergency and administering medication would prevent the death or serious injury of the child.

(E)    A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, may be imprisoned for up to one year or fined not more than two thousand dollars, or both."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on March 27, 2014 at 9:39 AM